Terms of Service

The Effective Date of this Terms of Service is ，2017, which describes the terms and conditions you shall agree, accept and adhere to by using our software, AMZ Tracker, located at www.amztracker.com. AMZ Tracker is owned and operated by AMZtracker.com Limited (“AMZ Tracker,” “we,” “our,” or “us”).

Please read these Terms carefully. By using www.amztracker.com or signing up for an account to be a “Member”, you are agreeing to these Terms. This is a legal agreement between you and AMZ Tracker.

Limited Use. As long as you use AMZ Tracker service, we grant you a limited, non-transferable license to use AMZ Tracker Intellectual Property in accordance with the terms of this agreement. Meanwhile, AMZ Tracker reserves all rights in the Intellectual Property of AMZ Tracker that are not expressly granted to you.

Account. If you choose to use Our Service and be a “Member” you acknowledge that you have full power, clarity, capacity and authority to accept these Terms. We consider the person or business entity in whose name the account is registered in to be the owner.

You hereby agree to the following terms:

a) AMZ Tracker just permits any person to open an account, “bots” or other automated methods are not permitted. If you want to open an account, you must be a human. Any account found to be opened autonomously, or with the aid of software, will be subject to closure at our discretion.

b) You must be at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent;

c) You must personally and manually create your account without using any automated means; except the auto-complete feature in your website browser, and not allow any Third Party to use your information to create an account;

d) When you register your account, you must provide any necessary information we request, including but not limited to, legal full name, address, payment details and email address ;

e) You are responsible for your own conduct and activities on, through or related to Our Service. If there is any unauthorized use of your account, you must immediately notify us of any unauthorized use of your account. Failure to do so may result in account suspension.

Charge and Cancellations

A) Price. Our charges related to our Services are posted on our Website at www.amztracker.com and may be changed from time to time.

B) When you subscribe for a pricing package of AMZ Tracker, your account will be bound with your Credit Card (a valid Credit Card is the only payment source we accept.). At this moment, the page will jump to the third party payment platform, and the platform may require you providing your Card Number, Expiration Date, and Security Code, in order to pay the subscription to the software and services offered by us. After subscribing successfully, you will obtain access to a trial account.

NOTE: YOUR PAYMENT TAKES PLACE IN THE THIRD PARTY PAYMENT PLATFORM, IT IS IMPOSSIBLE FOR US TO ACCEPT OR BE INFORMED, OF THE INFORMATION RELATING TO YOUR CREDIT CARD. You accept full responsibility for maintaining the security of your account and password. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE FROM YOUR FAILURE TO COMPLY WITH THIS SECURITY OBLIGATION.

C) You will get a free trial period up to 7 days after subscribing successfully for a pricing package, and after the free trial period, you will be a formal “Member”. After the free trial period, your trial account will automatically upgrade into a paid account. The third party payment platform will automatically deduct the fees in advance from your Credit Card, according to the pricing package you have subscribed to.

D) Cancellations. All cancellations need to be made at least 24 hours before the free trial expires to ensure you will not be charged. If you do not cancel your subscription you will be charged. You may apply for a refund at any time; however, applications made after 10 days of use will not be authorized for a full refund. If you wish to apply for a refund before 10 days, your monies will be refunded on a pro-rata basis and deducted from the final amount, including a cancellation fee. To apply for a refund you must cancel within AMZ Tracker, and contact our support team. Cancellations logged by our system will issue an email to the account address.

Monthly Service Plan payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment. You must terminate your Monthly Service Plan at least 24 hours prior to the next monthly due date in order to avoid being charged for that month.

Annual Service Plan payments are paid in full upon subscription. Cancellations follow the same process as a monthly plan. Refunds requested within 10 days of the subscription will be subject to pro rata by daily use. Refunds requested within 30 days, after the 10 day policy, will be charged one month of the total amount. Refunds requested after the 30 day policy will not be approved.

Payments. As long as you’re a Monthly Service Plan member or have an outstanding balance with us, you agree to provide us with a valid payment source and authorize us to deduct the monthly charges against that payment source. You’ll replace the information for any payment source that expires with information for a different valid payment source. Anyone using a payment source represents and warrants that he or she is authorized to use that payment source, and that any and all charges may be billed to that payment source and will not be rejected. If, for some reason, we’re unable to process your payment, we will try to contact you by email so you may provide us with an alternate payment source. Failure to perform payment shall construe as material breach of this Agreement.

Trial Service. You need not pay for the 7 days trial service, whilst your use will be limited of the features within AMZ Tracker, for example you can not use the Sales Promotion tool.

Termination. We may suspend our Service to you at any time by giving notice to you, with or without cause. Only if we terminate your account without cause, will we refund you a portion of any plan prepayment, subject to pro rata. Once your account is terminated (If you don’t log in to your account for 12 or more months, we may treat your account as “terminated”), we will permanently delete your account and all the data associated with it from our Website.

Vipon. When using our Vipon service, you must ensure that all discount codes are fully working, AMZ Tracker will not be held responsible for faults or errors caused by user negligence. You can not violate the Vipon user policy, in doing so AMZ Tracker reserves the right to suspend, cancel or ban your account.

Mutual Non-Disparagement Covenant. You agree that you will not, at any time, make directly or indirectly, any oral or written public statements that are disparaging of us, our products or services, and any of our present or former Team. We (limited to its officers and directors) agrees that we will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of you. Disparagement shall be defined as any oral or written public statements that impugn the qualities, character, honesty, integrity, morality, business acumen or abilities of the subject matter. The Parties acknowledge and agree that it would be difficult or impossible to determine with absolute precision the amount of damages that would or might be incurred as a result of a party's violation of this covenant. The Parties agree that the liquidated damages in the region of $50,000 per violation provided under this agreement, are in lieu of actual damages and are the Parties' reasonable estimates of fair compensation for the Losses that may reasonably be incurred by each violation of this covenant.

Member Warranties.

You agree not to :

a) send Unsolicited Bulk Mail (SPAM) or other communications;

b) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

c) send or transmit pornography or other sexually explicit communications, communications offering to sell illegal goods or services, communications that violate the related laws of Hong Kong, or marketing or commercial communications without permission;

d) Infringe on any third party’s ownership rights by using any material in your uploads or transmissions that is not owned or licensed by you. This includes text, photos, graphics, and other content;

e) use any misleading or incorrect names, addresses, email addresses, subject lines, photographs, content or other information on the Website or in any communications or transmissions sent using Our Service;

f) breach or circumvent any laws, third party rights or our systems, policies, or determinations of Your account status;

g) use any robot, spider, scraper or other automated means to access our Service for any purpose;

h) harvest or otherwise collect information about members without their consent; and

Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WE OFFER THE WEBSITE AND SERVICES AS-IS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR ITS SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Intellectual Property

a)The AMZ Tracker Website, its original Content, features, functionality (including look), and Service Content (“Intellectual Property”) remain the property of AMZ Tracker and are protected by Hong Kong and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, or republish any of our copyrighted material. The term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, ad words, and interactive features generated, provided, or otherwise made accessible on or through AMZ Tracker.

b) For the materials you upload to or transmit to AMZ Tracker, You represent and warrant that you either own or have permission to use them, and You grant us a non-exclusive worldwide license to use or disclose your materials only as we see fit and/or describe in these Terms and our Privacy Policy.

Privacy Policy. AMZ Tracker may use and disclose your information according to our Privacy Policy (The Privacy Policy will be posted on the website. )

Attorneys Fees. In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover damages, other relief may be awarded, its costs and expenses, including reasonable attorneys fees, litigation costs, subpoena costs.

Indemnity. You will indemnify us (and our officers, directors, agents, subsidiaries, joint venture and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in using the Site and Site Services.

Governing Law and Jurisdiction. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Hong Kong. The courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

Force Majeure. We shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, war, hackers, third party internet providers, government orders, power failures, nuclear destruction, or any other force majeure event.

Captions. The section headings in this Agreement are provided for convenience only and are not to be considered in the interpretation of this Agreement.

Waiver. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

Amendment. We may change this Agreement from time to time, and any updated versions of this privacy policy will be posted on our Site. Please check it regularly. Changes to this Agreement are effective as of the stated "Last Update Date" and your continuously using the Site on or after the Last Update date will be deemed as your acceptance of, and agreement to be bound by, those changes. The latest agreement will replace all the previous agreements.

Assignment. The purchase, sale, assignment or transfer of any accounts is prohibited. You shall not assign any of your rights under this agreement to anyone else.

Entire Agreement. This Agreement together with Our Privacy Policy and any additional terms you have agreed to constitute(s) the entire agreement with respect to its subject matter and constitutes and supersedes all prior agreements, representations and understandings of the Parties, written or oral.

Severability. In the event that any of the provisions contained in this Agreement shall, for any reason, be declared or held to be unreasonable, unlawful, unenforceable or otherwise invalid in any respect, such term or provision shall be deemed modified to the extent necessary to make it enforceable, and in no event shall such declaration or holding affect the validity of any other provision of this Agreement, all of which provisions shall continue with effect in accordance with their terms.

Rocket Reply works with all your Amazon Seller accounts, regardless of marketplace. We would advise you to research and make your own decisions on how to use Rocket Reply in the marketplaces where you decide to do business. Please be sure to regulate the use of this tool, your improper use may pose a risk to your seller account. Based on the above, AMZ Tracker will be exempt from any responsibility.

Notice. All notices to You will be effective when We send it to the last email or physical address you gave us or posted on our Website (You consent to receive communications from us electronically, and we will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website). Any notice to Us will be effective when delivered to us at: Support@AMZtracker.com

The final interpretation of this agreement is owned by AMZ Tracker.

If you have any question about this Agreement or our service, please contact us at Support@AMZtracker.com.